Texas Solar Panel Fraud Demand Letters

[Date] Via Certified Mail, Return Receipt Requested [Solar Company Name] [Company Address] [City, Texas ZIP] Re: NOTICE PURSUANT TO TEX. BUS. & COM. CODE SECTION 17.505 60-Day Pre-Suit Demand - Solar Installation Fraud Contract Date: [Date] Installation Address: [Your Address] Amount Demanded: $[Amount] Dear [Company Owner/Manager]: This letter constitutes formal notice pursuant to the Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. & Com. Code Section 17.505, that [Solar Company Name] has engaged in deceptive trade practices and violated Texas licensing laws in connection with the solar panel installation at my residence. I hereby demand payment of $[Amount] within sixty (60) days. BACKGROUND On [Contract Date], I entered into a contract with [Solar Company Name] for installation of a solar panel system at [Your Address]. I was promised: - A [X kW] solar system with [Brand/Model] panels - Energy production of [X] kWh annually - Utility bill reduction of [X]% or $[X] per month - Federal tax credit of $[X] - Total system cost of $[Amount] with financing at [X]% I paid $[Deposit Amount] on [Date] and financed the remaining $[Amount] through [Financing Company]. LICENSING VIOLATIONS Upon investigation, I have discovered that [Solar Company Name] and/or its installers were not properly licensed under the Texas Occupations Code Chapter 1305 at the time of installation. Texas law requires electrical work, including solar panel installation, to be performed by licensed electricians or under the supervision of a licensed master electrician. Tex. Occ. Code Section 1305.162 prohibits performing electrical work without proper licensure. My search of the TDLR license database on [Date] revealed [describe findings: no license found / license expired / license in different name / etc.]. Contracts for unlicensed electrical work are voidable under Texas law, and I am entitled to rescission and full refund of all amounts paid. DECEPTIVE TRADE PRACTICES [Solar Company Name] has violated the Texas DTPA through the following conduct: 1. MISREPRESENTATION OF CHARACTERISTICS (Section 17.46(b)(5), (7)): Your sales representative [Name] represented that this system would produce [X] kWh annually and reduce my utility bills by [X]%. In reality, the system has produced only [X] kWh over [time period], resulting in utility savings of only [X]% - a fraction of what was promised. 2. FAILURE TO DISCLOSE (Section 17.46(b)(24)): You failed to disclose: - That your installers lacked proper TDLR licensing - [Hidden fees, true financing costs, etc.] - [Equipment substitutions, used equipment, etc.] 3. MISREPRESENTATION REGARDING TAX CREDITS (Section 17.46(b)(12)): Your representative guaranteed I would receive a federal tax credit of $[Amount]. [Describe actual tax credit situation - didn't qualify, smaller amount, etc.] 4. [ADDITIONAL VIOLATIONS AS APPLICABLE] INSTALLATION DEFECTS In addition to the fraud described above, the installation was defective: - [Describe defects: roof damage, improper wiring, failed inspection, code violations, etc.] - [Cost of repairs needed: $X] ECONOMIC DAMAGES I have suffered the following economic damages: Contract price paid: $[Amount] Financing charges: $[Amount] Difference between promised and actual utility savings (over X months): $[Amount] Tax credit shortfall: $[Amount] Cost to repair defects: $[Amount] Cost for independent inspection: $[Amount] TOTAL ECONOMIC DAMAGES: $[Amount] Under Tex. Bus. & Com. Code Section 17.50(b)(1), because your conduct was committed knowingly, I am entitled to recover up to three times my economic damages, plus court costs and reasonable attorney's fees. DEMAND I demand that [Solar Company Name]: 1. Rescind the contract and remove the defective solar system from my property at your expense; 2. Refund all amounts paid, including deposits and financing payments, totaling $[Amount]; 3. Pay for all roof and property repairs necessitated by your defective installation; 4. Release me from all financing obligations; 5. Pay my attorney's fees and costs. ALTERNATIVELY, if removal is not practical, I demand: 1. Payment of $[Amount] representing the difference in value between what was promised and what was delivered; 2. Completion of all necessary repairs to bring the system to code; 3. Refund of $[Amount] representing overpayment based on misrepresented system performance. RESPONSE REQUIRED You have sixty (60) days from receipt of this letter to respond with a written settlement offer. Pursuant to Tex. Bus. & Com. Code Section 17.505(d), I will provide you opportunity to inspect the system upon reasonable notice. If you fail to resolve this matter within 60 days, I will: 1. File suit in [County] Court seeking actual damages, treble damages, court costs, and attorney's fees; 2. Report this matter to TDLR for unlicensed electrical work; 3. File complaints with the Texas Attorney General Consumer Protection Division; 4. Report to the Better Business Bureau; 5. Post truthful reviews describing my experience. I remain willing to resolve this matter without litigation if you act promptly and in good faith. Sincerely, [Your Name] [Your Address] [Your Phone] [Your Email] Enclosures: - Installation contract - TDLR license search results - Utility bills (before and after) - System production data - Photos of defects - Communications with sales rep